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On 16 November 2016 the Sejm (lower chamber of the Parliament) adopted a bill to amend the VAT Act and certain other statutory laws, calling for numerous changes in the VAT Act and the Criminal Fiscal Code, among other laws.

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Amendments to the Environmental Code

Amendments to the Environmental Code

Amendments to the Environmental Code

The Environmental Code of the Republic of Kazakhstan dated January 9, 2007 was amended as follows:

The types of activity for which an environmental impact assessment is to be carried out, not classified as hazard according to the sanitary classification of industrial facilities, which were previously referred to as unclassified are now classified as category IV.

The validity term of the established norms of maximum permissible emissions and discharges of pollutants, normative production and consumption waste disposal has been changed. Now the validity term for facilities of categories I, II and III is 10 calendar years and for category IV the validity term is indefinite.

There have been a number of important changes and additions, including to the procedures for the conduct of the State environmental impact assessment.

By this Law amendments were introduced to RK Law РК No. 242-II dated 16 July 2001 “On Architectural, Town Planning and Construction Activities in the Republic of Kazakhstan.” In particular, the concept of “impact assessment of projects” was subdivided into (i) comprehensive independent impact assessment and (ii) comprehensive town planning impact assessment.

Relevant changes have been made to the Environmental Code of the Republic of Kazakhstan. Thus, a comprehensive independent assessment of project-estimate documentation is now required for obtaining permission/prohibition of construction, reconstruction or renovation of enterprises, structures or other facilities. The law also clarified the definition of “reconstruction” as “expansion, re-equipment or upgrading.” A comprehensive independent evaluation of feasibility studies and design and estimate documentation for the construction of buildings and their systems, engineering and transport communications is conducted according to the principle of “one window,” within the time limits and in accordance with the procedure envisaged by the Law On Architectural, Town Planning and Construction Activities in the Republic of Kazakhstan.

Moreover, the opinion of the State Environmental Expert Examination which conducted the comprehensive independent expert examination of feasibility studies and design and estimate documentation will now be included in the summary opinion of the comprehensive independent expert examination.

Relevant changes have been made to some time limits with respect to the State environmental impact assessment. For example,

The time limit for state environmental impact assessment for facilities of category III and IV has been reduced to 10 working days from the date all required documentation has been submitted to the authorized bodies.

The validity term of a positive opinion of the State Environmental Expert Examination has been significantly increased. Thus, for facilities of categories I, II and III, the opinion is valid for the validity period of the established norms of emissions into the environment, and for facilities of category IV, the validity term is indefinite.

Also a number of significant changes have been made with regard to obtaining permits for emissions into the environment (“Permits”).

Users of natural resources that in accordance with the tax legislation are payers of the single land tax, no longer have to obtain Permits for facilities used in the activities subject to the special tax regime for peasant farms or farms.

The package of documents for obtaining Permits for facilities of categories I, II and III is now the same and no longer includes a program of industrial environmental control.

Changes have been made regarding the timing for filing applications for the review, issue and validity terms of Permits:

Timing for filing applications:

i) For category I - not later than two months before the expiration of the validity term of the current Permit or commissioning of a new facility.

ii) For category II - the timing remains the same (no later than one month before the expiration of the validity term of the current Permit or commissioning of a new facility). iii) For category III the period has been reduced to 10 working days before the expiration of the validity term of the current Permit or commissioning a new facility.

iv) For category IV the period has also been reduced to 10 working days before commissioning a new facility.

Terms of consideration of the completeness of applications and their compliance with the requirements:

The time limits for reviewing applications have been divided according to the categories. The time limit for categories I and II remains the same—no more than 15 calendar days from the date the application was reregistered—and for facilities of category III a new time period has been provided— not more than five calendar days. The right of the authority to request additional documents during the period of such review has been excluded.

Review of applications by the authority that issues permits:

For categories I and II the time limit remains the same; however, for categories III and IV it has been significantly reduced: (i) for category III it is now up to 10 working days from the date the application was registered by the application; and (ii) for category IV - up to five working days from the date the application was registered.

Permits validity term:

According to the amendments, for facilities of categories I, II and III, permits are issued, as before, for a term until a change in the technologies used and in the environmental conditions specified in the current Permit, but for no more than ten years. Permits for facilities of category IV are issued for an indefinite term, unless the technologies used and environmental conditions specified in the current Permit change.

Ecological basis for conducting subsurface use operations is now only a positive conclusion of the State Environmental Expert Examination of the project documentation and the environmental permit. The sanitary and epidemiologic examination of subsurface use contracts has been excluded.

Changes have also been made to the rules for classification of wastes and the scope of control of waste disposal. For example, in the absence of the type of waste in the classifier, the hazard level and the code will be determined in accordance with a special procedure, subject to approval by the authorized body.

The Law also specifies that the territories referred to as historical and cultural heritage sites are now included in the list of territories where waste disposal is prohibited.

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